Hello,
Thank you for sharing your situation and question with us.
We can appreciate your curiosity about your particular situation.
We have received some information from one of our legal researchers. We hope you find their information useful:
“Since you didn’t mention your citizenship status, we will assume you are either a Canadian citizen or a permanent resident of Canada, and primarily live in Canada for the purpose of providing this response. Base on this assumption, we will break down your question into smaller components and answer each component.
Please note that the sponsorship program is not available to you if you are neither a Canadian citizen nor a permanent resident of Canada.
Financial Requirement in Sponsoring your Spouse
In most cases, there is no minimum income requirement to sponsor your spouse. Not having a job does not prevent you from sponsoring your spouse. The most relevant requirement relating to one’s income is that you should not be receiving social assistance at the time of application (disability benefits and unemployment insurance don’t count).
You can find further details and exceptions here “Sponsor your spouse, partner or child: check if you’re eligible”
Attaching a Letter of Explanation
Since there is no minimum income requirement to sponsor your spouse, the biggest reason for attaching an explanatory letter is no longer relevant. If you still want to attach a letter to explain your situation, you should consult an immigration lawyer first to ensure that appropriate details are being provided and not inadvertently harming your case.
There are also spaces in the Spousal Sponsorship PR application form (e.g., form IMM5532E part 11) where you can explain the relationships between you, your (future) spouse, and your child if needed, which may be helpful to include to provide context and answer some anticipated follow-up questions.
Father’s Name not on the Birth Certificate
The fact that your baby’s father’s name is not on the birth certificate does not impact your ability to sponsor his PR. However, it does strengthen your application if you and your spouse have a child together.
The father’s name can be added to the baby’s birth certificate. This is done by filing an amendment application to the applicable authority. Since your child was born in Alberta, we assume the birth certificate was issued by the province of Alberta. If this is the case, you need to contact Service Alberta and complete a Request to Amend an Alberta Vital Statistics Registration form if you wish to add your baby’s father’s name to the birth certificate. You can find the form and more information on Service Alberta’s website on “Correct a birth, marriage, death or stillbirth record” .”
Please keep in mind this is only legal information, it is not legal advice. If you want or need legal advice you will need to contact a reputable lawyer or the nearest Community Legal Clinic regarding your situation.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Theresa
Settlement.Org Team,
Certified Community Resource Specialist (CCRS)